Wednesday, June 29, 2011

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Gurus, My wife got a job offer on contract basis for 3 months. I am on h1 and she is on h4 so far. I am planning to stay on h1 itself. If my wife accepts this job using EAD, Does my status also changes? Is it okay if she dont find a job after this contract expires, what status she will be in during that time, h4 or EAD?

Please advice, Thanks a lot ....

No..your status will not change. You can still maintain your H1. She can go on EAD and work for 3 months and she will be in AOS status if she does not find any job. She will not go out of status. She can work 40hrs, 20hrs or 0hrs..it will not affect her status.

DEPENDS on the cost of the bond/non compete agreement /penalty.if you make more money from new jobs which will eventually cover any penalties should they try to enforce a "suspect'agreement then go for the new job :).

anyway getting a salary/pay is better than thinking about getting sued.:)

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bharat2008

08-18 09:38 PM

Thanks guys.

My I-797 and old I-94 are same number .I will send the new I-94 to KY .

My h1 extension is under process. Once it gets approved can I am thinking of going to canada and get it stamped. My wife has also applied for cos from h1 to h4. It was not applied with my h1 extension but was applied 1 month later. My question- Can we go for h1 stamping for myself(once approved) and h4 stamping for my wife , even though her h4 is pending.Would I-539 receipt notice would suffice . Thanks anand

I know there are numerous people who are on H4 visa here in the USA and struggling to get out of home and work. All tied up in 4 walls only coz H4 visa holders do not have the authorization to work. Come on guys, when L2 dependant visa holders can get an EAD and permit to work then why cant H4 dependants get the same privilege ? Is this not a discrimination? Are we not being deprived of the rights that we should be getting? Are we doing justice to our careers? Aren�t 90% of H4 visa holders doctors, engineers, lawyers, MBA�s?? Are we not ruining our careers ? Are we not loosing our self esteem and independence ? are we not highly qualified and skilled to take up challenging jobs in the US ? We all know what it is with the H1B visa. In such a scenario how can we even expect some professional life for ourselves. But are the law makers aware of this situation of ours ? Laws are amended only when they are put forward and witnessed as a problem and issue of concern. Does the US government know about this ? Does US know that it has immense store house of talent in the form of H4 visa holders ?

It has to change. H4�s should get some kinda reform else we will ruin our careers and life. If you are on the similar line then come forward and join us, in our change!! Let your voice be heard!! Let H4�s get their independence. Plz do the foll: 1) Visit the website � www.change.org 2) Type in �Improve the conditions of H4 dependant visa individuals in the US� 3) Register yourself and become a member � Its FREE !!! 4) Invite all your friends, relatives to join in 5) Post your thoughts, take actions, read the on going progress by members.

I have my AP approved H1 valid till 2009 but stamp expired. If I marry a non us resident and bring her on H4 and Myself enter in US using AP. Does it mean that my H1 is invalidated?

Does it mean that my wife's H4 will be invalidated also and she becomes out of status since my H1 is invalidated?

Or I am completely wrong here?

I can't file her 485 since my PD is not current and also I cant have h1 restamped cause it takes way long to get it stamped.

Any Idea?

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kanaihya

09-13 02:21 PM

no ...now or never...do or die...think now about 18th Sept only...you will get all the answers of your questions sooner...I would request the community not to post any of the personal GC related question at this time..they are advised to browse first among the threads..and post unless not very urgent like some one will immediately if he not get the answer...so please guys ..just a humble request...ONLY ONE OBJECT LIKE "EKLAVYA" ..."CHALO DC"

few days ago, I tried to extend H4 visa for my spouse but I heard through one of the lawyer in the firm that once H4 visa holder used EAD, H4 becames invalid unless you enter again in POE using H4, we cant apply for H4 extension as the current status is AOS. But we are still exploring it.

I checked in H4 extension form I-539, they ask: 1. current immigration status? 2. whether you want to extend current status or change of status?

But my spouse is working so if we say change status to H4 from AOS then not sure whether she can use immediately EAD to work? I opened a thread regarding this.

Right now Atlanta Processing Center processing May 2008 priority date for clean cases....for audited cases July 2007... It's not true that all the cases will got to Atlanta Processing Center ...if any case that has been auidted will be moved to Atlanta Processing Center.

Copies of all Forms I-94, Arrival/Departure Record and I-797 H-1B or L approval notices that have been issued on his or her behalf;

Is it true? I have visited india almost 7 times from last 8 years including my F-1 status. With little knowledge I have during that time, I never made a copy or kept a copy of my all I - 94s.

So the question is how big of an impact it will be if I do not have all my I - 94s. And also where can I get copies of my I - 94s if I want.

Thanks for your response.

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anjali.pap

04-09 04:48 PM

Hi,

i got my i140 approved ,i-485 applied >180 days with my old employer.i have my h1b till 2010.Now i got an offer from a new company who is willing to do my h1b transfer and they said no need for doing labour,i140 again. i am confused. is that safe if i do h1b transfer and keeping old employer's i140.(they won't revoke).Are its better to use ead to avoid confusion in GC process.pls show me the light.

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qualified_trash

07-12 01:12 PM

Does your employer do all the work or the lawyer?

All H1 extensions are now processed in California (I think). So you should get the WAC number (EAC-Vermont,LIN-Nebraska,WAC-California,SRC-Texas). And my employer's lawyer sent the application end of may (31st I think) and we received a notice dated June 8th.

pinganand

07-05 02:11 PM

Hi all,

[cross-posted to "ask attorney section" as well]

My spouse (Indian citizen) has received an RFE for her derivative I485 application.

Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.

The RFE states:

"Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim". ... "Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".

We now plan to submit the following:

1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.

Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?

2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.

Will that count as sufficient "registration with civil authority"?

I would appreciate if someone who has gone through this issue would comment on the proper ways of addressing this.

thanks! Anand

prem_goel

07-02 10:40 PM

Yes it seems USCIS is also asking the public to help improve its website. It has posted a link on its homepage "Help improve uscis.gov" which was supposed to take you to another page. Unfortunately that link is broken as of now. If you click on it, it takes you to a blank page.

I would say, for starters, how about posting links that actually work????